Revenge Porn Legislation: Upholding Digital Integrity
Author: Chandini Prajapati from City Groups of Colleges, Lucknow
Abstract:
In the vast digital landscape, where intimacy and vulnerability intersect, a dark phenomenon looms revenge porn. This insidious practice involves the distribution of sexually explicit images or videos without the consent of the individuals depicted. Let’s delve into this distressing issue, its impact, and the steps being taken to combat it.
Key Aspects of Revenge Porn:
The Betrayal: The material—often intimate and compromising—may have been created during an intimate relationship. It might have been consensual at the time, or it could have been captured without the subject’s knowledge.
Blackmail and Coercion: Perpetrators wield these explicit materials as weapons. They may use them to blackmail victims into performing further sexual acts, coerce them into continuing a relationship, or punish them for ending one. Financial gain and reputation damage are also motives.
Psychological Abuse: Revenge porn isn’t just about explicit content; it’s a form of psychological abuse. Victims suffer humiliation, fear, and a loss of control over their own bodies and privacy.
Faces of Revenge Porn:
The Jilted Lover’s Wrath: Most commonly, revenge porn occurs when a spurned partner seeks vengeance. After a breakup, they upload intimate material online to humiliate and intimidate their former flame. The internet becomes a battleground for their emotional turmoil.
Beyond Revenge: Nonconsensual Distribution: However, revenge porn extends beyond personal vendettas. Hackers and profit-seekers exploit nonconsensual intimate imagery (NCII) or Image-based sexual abuse (IBSA). These scenarios involve distributing explicit content without consent, often for financial gain or notoriety.
Legal Measures and Awareness:
Laws and Penalties: Countries have introduced laws to punish perpetrators. These penalties range from fines to imprisonment, but implementation varies.
Education and Support: Raising awareness is crucial. Victims need support networks, counseling, and legal guidance. Organizations work tirelessly to educate the public and empower victims.
Tech Companies’ Role: Platforms like social media sites and search engines play a pivotal role. They must swiftly remove revenge porn content and provide reporting mechanisms.
Breaking the Silence: Revenge porn is not a private matter; it’s a societal issue. Empathy, education, and vigilance are our allies as we navigate the digital age. Let’s stand together against this violation of trust and dignity.
Remember, consent matters whether it’s online or offline it doesn’t matter. Let’s protect each other’s privacy and humanity. As a society, we must break the silence, educate, and protect one another against this digital nightmare.
Introduction:
Revenge porn refers to the distribution of sexually explicit images or videos of individuals without their, consent also known as Image-based sexual abuse (IBSA). These materials may have been created by a partner during an intimate relationship, either with the subject’s knowledge and consent at the time or without their awareness. The possession of such material can be used by perpetrators for various harmful purposes:
Blackmail: Perpetrators may use the material to coerce the subjects into performing additional sexual acts, continuing a relationship, or punishing them for ending one.
Silencing and Reputation Damage: Revenge porn can be wielded to silence victims or damage their reputations.
Financial Gain: Some individuals exploit these images or videos for financial gain.
It’s essential to recognize that revenge porn is not only a violation of privacy but also a form of psychological abuse and domestic violence. In legal terms, it’s considered a serious offense in many countries and jurisdictions.
Additionally, Mary Anne Franks, a law professor at the University of Miami, argues that the term “revenge porn” is misleading. Instead, she suggests using the more accurate term “non-consensual pornography.”
Furthermore, if we delve into online harassment and blackmail, the term “sextortion” aptly describes offenses involving sexual exploitation through coercion in a non-physical context. This term encompasses the manipulation of sexually explicit material to exert control over victims.
Due to the absence of specific legal provisions for such cases, official statistics on revenge pornography crimes in India are lacking. However, data from the National Crime Records Bureau indicates a 104% increase in cases related to online sharing of obscene and nudity content between 2012 and 2014. Additionally, a 2010 Cybercrime report highlighted that 18.3% of women who fall victim to revenge pornography are unaware of their victimization, and only 35% of affected women have filed cases. Furthermore, a survey conducted by the Cyber & Law Foundation, an NGO in India, revealed that 27% of internet users aged 13 to 45 have experienced instances of revenge porn.
Appropriate steps to protect victims and seek justice
Immediate Action:
Victims should promptly report any incident of revenge porn. They can approach the nearest police station or cyber cell to lodge a First Information Report (FIR) against the accused.
Remember that it is not compulsory for victims to personally visit the police station. Anyone can file a complaint on behalf of the victim, ensuring privacy protection.
Privacy Considerations:
Victims often hesitate to share sensitive information with male officers during the complaint process. To address this, they can write an application to a senior police officer, requesting the appointment of a female officer to handle their case.
While there are currently no official government directions on this matter, advocating for a female officer can help protect the victim’s privacy and comfort during the legal proceedings.
Remember that revenge porn is a form of sexual abuse, and victims deserve support, empathy, and legal recourse to address this violation of their privacy and dignity.
Applicability of laws
While Indian laws do not specifically address revenge porn, certain existing laws cover its various aspects. Revenge porn typically involves digital and electronic media, making it an offense committed on the internet. As a result, it falls under the purview of the Information Technology Act, 2000 (IT Act). Although there are no direct provisions solely dedicated to revenge porn, the IT Act provides a framework for addressing related offenses.
Section 67 of the Information Technology Act, 2000, addresses the publication or transmission of obscene material in electronic form. This provision applies to instances where the accused posts such material on a public platform using electronic means. The penalties for violating this section are as follows:
First Offense:
The accused may face up to 3 years of imprisonment or a fine of up to 5 lakh rupees.
Second and Subsequent Offenses:
For repeat offenses, the punishment is extended to 5 years of imprisonment or a fine of up to 10 lakh rupees, or both.
In cases of revenge porn, where the accused violates an individual’s privacy by sharing personal information without consent, this section applies. The accused can be penalized with imprisonment for up to 3 years or a fine of 5 lakh rupees, or both. If the victim of revenge porn is a woman, the provisions of the Indian Penal Code, of 1860, also come into play.
These are the following relevant sections of the Indian Penal Code (IPC) that deal with revenge porn:
Section 500: This section pertains to the defamation of individuals.
Section 504: It deals with intentional insult to provoke a breach of peace.
Section 506: This section outlines the punishment for criminal intimidation.
Section 509: It addresses words, gestures, or acts intended to insult the modesty of a woman.
Section 354: This section pertains to outraging the modesty of a woman.
Section 354A: It deals with sexual harassment and punishment for sexual harassment.
Section 354C: This section specifically addresses voyeurism.
Section 354D: It pertains to stalking.
These provisions are crucial in addressing the issue of revenge porn and protecting victims from such harmful acts.
Cases:
In 2018, India witnessed its first-ever case of revenge porn in the matter of State of West Bengal v. Animesh Boxi. The accused faced severe consequences: five years of imprisonment and a fine of Rs. 9000. His offense involved publishing and sharing private images and videos of his ex-partner without her consent, as an act of revenge after their relationship ended.
The victim had been coerced into sharing intimate and sexually explicit content under the false pretext of marriage. Subsequently, the accused blackmailed her into uploading more compromising pictures. Shockingly, he even accessed her phone without permission to obtain additional material. When the relationship terminated, the accused posted these private images on a well-known adult website, thereby exposing the victim’s identity and that of her father.
The court’s judgment not only held the accused accountable but also recognized the victim as a survivor of sexual assault. It directed the state government to provide her with appropriate compensation. This landmark decision highlights the seriousness of revenge porn and underscores the need for legal protection and support for victims.
Another instance is, the case of Subhranshu Rout v. The State of Odisha, the perpetrator and the victim were a couple in a relationship. During an unfortunate incident, the victim was alone at her home when the offender assaulted her. Shockingly, he recorded this horrifying act on his cell phone. Subsequently, the perpetrator threatened and blackmailed the victim, warning her not to disclose the incident. If she did, he would release the compromising photos and videos to the public.
When the victim finally confided in her parents, the perpetrator took his malicious intent further by uploading all the incriminating material on Facebook. The court, recognizing the severity of the offense, denied bail to the perpetrator. The judge emphasized that allowing such objectionable content to remain on social media platforms without the victim’s consent directly violates her modesty and right to privacy.
Additionally, the court highlighted the importance of the ‘Right to be Forgotten’, which ensures the permanent removal of such photos from servers, especially in the context of privacy rights.
The increasing occurrence of such cases underscores the urgent need for trained professionals within the police force who are well-versed in handling electronic evidence. Negligence or the absence of standardized protocols can weaken the legal case, as exemplified in the matter of Subhendu Nath v. State of West Bengal before the High Court of Calcutta.
Conclusion:
Surviving the aftermath of such a heinous crime is an arduous journey, one that victims and their families navigate with immense courage. Unjustly thrust into the spotlight, they grapple with trauma and societal judgment, all while striving to preserve their dignity in a conservative world. Our role as a society is crucial: we must refrain from passing judgment and instead offer unwavering moral support. Empowering victims to confront this crime head-on is essential. Women, in particular, should exercise caution, avoiding blind trust in others. They are their own staunchest allies, safeguarding against the creation or recording of any obscene material. Legally, we need targeted provisions: laws specifically addressing revenge pornography and non-consensual videos. The absence of such legislation leads to confusion and ambiguity in enforcement. Moreover, online platforms must implement permanent technical solutions to filter out objectionable content, preventing its dissemination. Let us collectively champion empathy, legal reform, and technological safeguards to combat this insidious violation of privacy and dignity.
